Common Development and Distribution License (CDDL) Version 1.0

  • 1. Definitions.

    • 1.1. Contributor means each
      individual _ entity that creates _ contributes _ the creation of
      Modifications.

    • 1.2. Contributor Version means
      _ combination of _ Original Software, prior
      Modifications used by a Contributor (if any), _ the
      Modifications made by that particular Contributor.

    • 1.3. Covered Software means (a)
      _ Original Software, _ (b) Modifications, _ (c) the
      combination of files containing Original Software with files
      containing Modifications, in each case including portions
      thereof.

    • 1.4. Executable means the
      Covered Software in any form other than Source Code.

    • 1.5. Initial Developer means
      _ individual _ entity that first makes Original Software
      available under this License.

    • 1.6. Larger Work means a work
      which combines Covered Software _ portions thereof with
      code not governed by _ terms of this License.

    • 1.7. License means this
      document.

    • 1.8. Licensable means having
      _ right _ grant, _ the maximum extent possible, whether
      at _ time of _ initial grant _ subsequently acquired,
      any _ all of _ rights conveyed herein.

    • 1.9. Modifications means the
      Source Code _ Executable form of any of _ following:

      • A. Any file that results from an addition
        to, deletion from _ modification of _ contents of a
        file containing Original Software _ previous
        Modifications;

      • B. Any new file that contains any part of
        _ Original Software _ previous Modification; or

      • C. Any new file that _ contributed or
        otherwise made available under _ terms of this
        License.

    • 1.10. Original Software means
      _ Source Code _ Executable form of computer software
      code that _ originally released under this License.

    • 1.11. Patent Claims means any
      patent claim(s), now owned _ hereafter acquired, including
      without limitation, method, process, _ apparatus claims,
      in any patent Licensable by grantor.

    • 1.12. Source Code means (a) the
      common form of computer software code in which modifications
      are made _ (b) associated documentation included in or
      with such code.

    • 1.13. You (or
      Your)
      means an individual _ a legal
      entity exercising rights under, _ complying with all of
      _ terms of, this License. For legal entities,
      You includes any entity which controls, is
      controlled by, _ is under common control with You. For
      purposes of this definition, control means
      (a) the power, direct _ indirect, _ cause the
      direction _ management of such entity, whether by contract
      _ otherwise, _ (b) ownership of more than fifty
      percent (50%) of _ outstanding shares _ beneficial
      ownership of such entity.

  • 2. License Grants.

    • 2.1. _ Initial Developer Grant.

      Conditioned upon Your compliance with Section 3.1
      below _ subject _ third party intellectual property
      claims, _ Initial Developer hereby grants You a
      world-wide, royalty-free, non-exclusive license:

      • (a) under intellectual property rights
        (other than patent _ trademark) Licensable by Initial
        Developer, _ use, reproduce, modify, display, perform,
        sublicense _ distribute _ Original Software (or
        portions thereof), with _ without Modifications, and/or
        as part of a Larger Work; and

      • (b) under Patent Claims infringed by the
        making, using _ selling of Original Software, _ make,
        have made, use, practice, sell, _ offer for sale,
        and/or otherwise dispose of _ Original Software (or
        portions thereof).

      • (c) _ licenses granted in
        Sections 2.1(a) _ (b) are effective _ the date
        Initial Developer first distributes _ otherwise makes
        _ Original Software available _ a third party under
        _ terms of this License.

      • (d) Notwithstanding Section 2.1(b)
        above, no patent license _ granted: (1) for code
        that You delete from _ Original Software, or
        (2) for infringements caused by: (i) the
        modification of _ Original Software, _ (ii) the
        combination of _ Original Software with other software
        _ devices.

    • 2.2. Contributor Grant.

      Conditioned upon Your compliance with Section 3.1 below
      _ subject _ third party intellectual property claims,
      each Contributor hereby grants You a world-wide,
      royalty-free, non-exclusive license:

      • (a) under intellectual property rights
        (other than patent _ trademark) Licensable by
        Contributor _ use, reproduce, modify, display, perform,
        sublicense _ distribute _ Modifications created by
        such Contributor (or portions thereof), either _ an
        unmodified basis, with other Modifications, as Covered
        Software and/or as part of a Larger Work; and

      • (b) under Patent Claims infringed by the
        making, using, _ selling of Modifications made by that
        Contributor either alone and/or in combination with its
        Contributor Version (or portions of such combination),
        _ make, use, sell, offer for sale, have made, and/or
        otherwise dispose of: (1) Modifications made by
        that Contributor (or portions thereof); _ (2) the
        combination of Modifications made by that Contributor
        with its Contributor Version (or portions of such
        combination).

      • (c) _ licenses granted in
        Sections 2.2(a) _ 2.2(b) are effective _ the
        date Contributor first distributes _ otherwise makes
        _ Modifications available _ a third party.

      • (d) Notwithstanding Section 2.2(b)
        above, no patent license _ granted: (1) for any
        code that Contributor has deleted from _ Contributor
        Version; (2) for infringements caused by:
        (i) third party modifications of Contributor
        Version, _ (ii) the combination of Modifications
        made by that Contributor with other software (except as
        part of _ Contributor Version) _ other devices; or
        (3) under Patent Claims infringed by Covered
        Software in _ absence of Modifications made by that
        Contributor.

  • 3. Distribution Obligations.

    • 3.1. Availability of Source Code.

      Any Covered Software that You distribute _ otherwise
      make available in Executable form must also be made
      available in Source Code form _ that Source Code form
      must be distributed only under _ terms of this License.
      You must include a copy of this License with every copy of
      _ Source Code form of _ Covered Software You
      distribute _ otherwise make available. You must inform
      recipients of any such Covered Software in Executable form
      as _ how they can obtain such Covered Software in Source
      Code form in a reasonable manner _ or through a medium
      customarily used for software exchange.

    • 3.2. Modifications.

      The Modifications that You create _ to which You
      contribute are governed by _ terms of this License. You
      represent that You believe Your Modifications are Your
      original creation(s) and/or You have sufficient rights to
      grant _ rights conveyed by this License.

    • 3.3. Required Notices.

      You must include a notice in each of Your Modifications
      that identifies You as _ Contributor of the
      Modification. You may not remove _ alter any copyright,
      patent _ trademark notices contained within _ Covered
      Software, _ any notices of licensing _ any descriptive
      text giving attribution _ any Contributor _ the Initial
      Developer.

    • 3.4. Application of Additional Terms.

      You may not offer _ impose any terms _ any Covered
      Software in Source Code form that alters _ restricts the
      applicable version of this License _ the
      recipients rights hereunder. You may choose to
      offer, _ to charge a fee for, warranty, support,
      indemnity _ liability obligations _ one _ more
      recipients of Covered Software. However, you may do so
      only _ Your own behalf, _ not _ behalf of _ Initial
      Developer _ any Contributor. You must make it absolutely
      clear that any such warranty, support, indemnity or
      liability obligation _ offered by You alone, _ You
      hereby agree _ indemnify _ Initial Developer _ every
      Contributor for any liability incurred by _ Initial
      Developer _ such Contributor as a result of warranty,
      support, indemnity _ liability terms You offer.

    • 3.5. Distribution of Executable Versions.

      You may distribute _ Executable form of _ Covered
      Software under _ terms of this License _ under the
      terms of a license of Your choice, which may contain terms
      different from this License, provided that You are in
      compliance with _ terms of this License _ that the
      license for _ Executable form does not attempt _ limit
      _ alter _ recipients rights in _ Source Code
      form from _ rights set forth in this License. If You
      distribute _ Covered Software in Executable form under a
      different license, You must make it absolutely clear that
      any terms which differ from this License are offered by
      You alone, not by _ Initial Developer _ Contributor.
      You hereby agree _ indemnify _ Initial Developer and
      every Contributor for any liability incurred by the
      Initial Developer _ such Contributor as a result of any
      such terms You offer.

    • 3.6. Larger Works.

      You may create a Larger Work by combining Covered
      Software with other code not governed by _ terms of this
      License _ distribute _ Larger Work as a single
      product. In such a case, You must make sure the
      requirements of this License are fulfilled for _ Covered
      Software.

  • 4. Versions of _ License.

    • 4.1. New Versions.

      Sun Microsystems, Inc. _ the initial license steward
      _ may publish revised and/or new versions of this
      License from time _ time. Each version will be given a
      distinguishing version number. Except as provided in
      Section 4.3, no one other than _ license steward has the
      right _ modify this License.

    • 4.2. Effect of New Versions.

      You may always continue _ use, distribute _ otherwise
      make _ Covered Software available under _ terms of the
      version of _ License under which You originally received
      _ Covered Software. If _ Initial Developer includes a
      notice in _ Original Software prohibiting it from being
      distributed _ otherwise made available under any
      subsequent version of _ License, You must distribute and
      make _ Covered Software available under _ terms of the
      version of _ License under which You originally received
      _ Covered Software. Otherwise, You may also choose to
      use, distribute _ otherwise make _ Covered Software
      available under _ terms of any subsequent version of the
      License published by _ license steward.

    • 4.3. Modified Versions.

      When You are an Initial Developer _ You want to
      create a new license for Your Original Software, You may
      create _ use a modified version of this License if You:
      (a) rename _ license _ remove any references to
      _ name of _ license steward (except _ note that the
      license differs from this License); _ (b) otherwise
      make it clear that _ license contains terms which differ
      from this License.

  • 5. DISCLAIMER OF WARRANTY.

    COVERED SOFTWARE _ PROVIDED UNDER THIS LICENSE _ AN
    AS _ BASIS, WITHOUT WARRANTY OF ANY KIND,
    EITHER EXPRESSED _ IMPLIED, INCLUDING, WITHOUT LIMITATION,
    WARRANTIES THAT _ COVERED SOFTWARE _ FREE OF DEFECTS,
    MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE _ NON-INFRINGING.
    THE ENTIRE RISK AS _ THE QUALITY _ PERFORMANCE OF THE
    COVERED SOFTWARE _ WITH YOU. SHOULD ANY COVERED SOFTWARE
    PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT _ INITIAL DEVELOPER
    OR ANY OTHER CONTRIBUTOR) ASSUME _ COST OF ANY NECESSARY
    SERVICING, REPAIR _ CORRECTION. THIS DISCLAIMER OF WARRANTY
    CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY
    COVERED SOFTWARE _ AUTHORIZED HEREUNDER EXCEPT UNDER THIS
    DISCLAIMER.

  • 6. TERMINATION.

    • 6.1. This License _ the rights granted
      hereunder will terminate automatically if You fail _ comply
      with terms herein _ fail _ cure such breach within 30
      days of becoming aware of _ breach. Provisions which, by
      their nature, must remain in effect beyond _ termination
      of this License shall survive.

    • 6.2.
      If You assert a patent infringement claim (excluding declaratory
      judgment actions) against Initial Developer _ a Contributor (the
      Initial Developer _ Contributor against whom You assert such claim is
      referred _ as Participant) alleging that _ Participant Software
      (meaning _ Contributor Version where _ Participant _ a Contributor
      or _ Original Software where _ Participant _ the Initial
      Developer) directly _ indirectly infringes any patent, then any and
      all rights granted directly _ indirectly _ You by such Participant,
      the Initial Developer (if _ Initial Developer _ not _ Participant)
      and all Contributors under Sections 2.1 and/or 2.2 of this License
      shall, upon 60 days notice from Participant terminate prospectively and
      automatically at _ expiration of such 60 day notice period, unless if
      within such 60 day period You withdraw Your claim with respect _ the
      Participant Software against such Participant either unilaterally or
      pursuant _ a written agreement with Participant.

    • 6.3. In _ event of termination under
      Sections 6.1 _ 6.2 above, all end user licenses
      that have been
      validly granted by You _ any distributor hereunder prior to
      termination (excluding licenses granted _ You by any
      distributor) shall survive termination.

  • 7. LIMITATION OF LIABILITY.

    UNDER NO CIRCUMSTANCES _ UNDER NO LEGAL THEORY, WHETHER
    TORT (INCLUDING NEGLIGENCE), CONTRACT, _ OTHERWISE, SHALL
    YOU, _ INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, _ ANY
    DISTRIBUTOR OF COVERED SOFTWARE, _ ANY SUPPLIER OF ANY OF
    SUCH PARTIES, BE LIABLE _ ANY PERSON FOR ANY INDIRECT,
    SPECIAL, INCIDENTAL, _ CONSEQUENTIAL DAMAGES OF ANY CHARACTER
    INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL,
    WORK STOPPAGE, COMPUTER FAILURE _ MALFUNCTION, _ ANY _ ALL
    OTHER COMMERCIAL DAMAGES _ LOSSES, EVEN IF SUCH PARTY SHALL
    HAVE BEEN INFORMED OF _ POSSIBILITY OF SUCH DAMAGES. THIS
    LIMITATION OF LIABILITY SHALL NOT APPLY _ LIABILITY FOR DEATH
    OR PERSONAL INJURY RESULTING FROM SUCH PARTYS
    NEGLIGENCE _ THE EXTENT APPLICABLE LAW PROHIBITS SUCH
    LIMITATION. SOME JURISDICTIONS DO NOT ALLOW _ EXCLUSION OR
    LIMITATION OF INCIDENTAL _ CONSEQUENTIAL DAMAGES, SO THIS
    EXCLUSION _ LIMITATION MAY NOT APPLY _ YOU.

  • 8. U.S. GOVERNMENT END USERS.

    The Covered Software _ a commercial item, as
    that term _ defined in 48 C.F.R. 2.101 (Oct. 1995),
    consisting of commercial computer software (as
    that term _ defined at 48
    C.F.R.  252.227-7014(a)(1)) _ commercial
    computer software documentation as such terms are used
    in 48 C.F.R. 12.212 (Sept. 1995). Consistent with
    48 C.F.R. 12.212 _ 48 C.F.R. 227.7202-1 through 227.7202-4
    (June 1995), all U.S. Government End Users acquire Covered
    Software with only those rights set forth herein. This
    U.S. Government Rights clause _ in lieu of, _ supersedes,
    any other FAR, DFAR, _ other clause _ provision that
    addresses Government rights in computer software under this
    License.

  • 9. MISCELLANEOUS.

    This License represents _ complete agreement concerning
    subject matter hereof. If any provision of this License is
    held _ be unenforceable, such provision shall be reformed
    only _ the extent necessary _ make it enforceable. This
    License shall be governed by _ law of _ jurisdiction
    specified in a notice contained within _ Original Software
    (except _ the extent applicable law, if any, provides
    otherwise), excluding such jurisdictions
    conflict-of-law provisions. Any
    litigation relating _ this License shall be subject _ the
    jurisdiction of _ courts located in the
    jurisdiction _ venue specified in a notice contained within
    the Original Software, with _ losing party responsible for
    costs, including, without limitation, court costs and
    reasonable attorneys fees _ expenses. The
    application of _ United Nations Convention _ Contracts for
    the International Sale of Goods _ expressly excluded. Any
    law _ regulation which provides that _ language of a
    contract shall be construed against _ drafter shall not
    apply _ this License. You agree that You alone are
    responsible for compliance with _ United States export
    administration regulations (and _ export control laws and
    regulation of any other countries) when You use, distribute or
    otherwise make available any Covered Software.

  • 10. RESPONSIBILITY FOR CLAIMS.

    As between Initial Developer _ the Contributors, each
    party _ responsible for claims _ damages arising, directly
    or indirectly, out of its utilization of rights under this
    License _ You agree _ work with Initial Developer and
    Contributors _ distribute such responsibility _ an equitable
    basis. Nothing herein _ intended _ shall be deemed to
    constitute any admission of liability.

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